Tai Lahanya Mandavkar Nee Tai Laxman Waghmare v. State Of Maharashtra Thr Its Secretary Tribal Development Dept. And ORS

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2024.10.24 11:26:35 +0530 Trupti 1 913-wp14915-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14915 OF 2024 Tai Lahanya Mandavkar @ Tai Laxman Waghmare ...

Petitioner versus State of Maharashtra and Others ...

Respondents ....

Mr.Chintamani K. Bhangoji for the Petitioner. Ms.P.J.Gavhane, AGP for the Respondent -State. ....

CORAM : RAVINDRA V. GHUGE & M.M. SATHAYE, JJ.

DATE : 23RD OCTOBER, 2024 P.C.:

1.

Going by the statement of the Petitioner, the Vigilance Cell inquiry is yet to be completed. Because she is an elected person, to save her election, she desires that the Committee should decide the matter within 13 days.

2.

Considering the law laid down by the Full Bench of this Court in Anant H. Ulahalkar and Another Vs. Chief Election Commissioner and Others, 2017 (1) MhLJ 431 and by the Hon'ble Supreme Court in Shankar Raghunath Devre (Patil) Vs. State of Maharashtra and Others, (2019) 3 SCC 220, the election of the Petitioner

Trupti 2 913-wp14915-2024.odt cannot be protected beyond a period of one year in the light of the ordinance issued by the State of Maharashtra, thereby extending the protection period from 6 months to one year.

3.

Keeping in view the law laid down by the Hon'ble Supreme Court in Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti Versus the State of Maharashtra and Others, 2023 SCC OnLine SC 326, the Vigilance Cell inquiry will have to be conducted with utmost seriousness.

4.

Though the Petitioner has been elected on 6th November, 2023 and one year concludes on 5th November 2024, this Petition is filed on 21st October, 2024 and now the Petitioner desires that the Committee should decide her claim within 13 days.

5.

In view of the above, as we are informed that the matter has now been referred to the Vigilance Cell Committee, we would expect the Committee to decide the proceedings as expeditiously as possible. 6.

With the above directions, this Writ Petition is disposed off. ( M.M. SATHAYE, J.) ( RAVINDRA V. GHUGE, J.)